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  • California AB 1595

    OK, I hope I'm reading this wrong..... The only hope is the 1000cc or less requirement would not be met by Jeeps, thus the bill does NOT apply... However, the following section (38012 and 38601) addresses what a ROHV is defined as.... Requiring a helmet!

    Thoughts!


    Assembly Bill No. 1595
    CHAPTER 165
    An act to amend Section 38012 of, to add Section 500 to, and to add
    Chapter 8 (commencing with Section 38600) to Division 16.5 of, the Vehicle
    Code, relating to vehicles.
    [Approved by Governor July 24, 2012. Filed with
    Secretary of State July 24, 2012.]
    legislative counsel’s digest
    AB 1595, Cook. Vehicles: recreational off-highway vehicles.
    (1) Existing law establishes rules for the operation of, and requirements
    for equipment of, an off-highway vehicle. A violation of these rules and
    requirements is a crime.
    This bill would define an off-highway motor vehicle to include a
    recreational off-highway vehicle
    , as defined. The bill would establish
    additional requirements governing the operation of a recreational
    off-highway vehicle. Because a violation of these provisions is a crime, this
    bill would impose a state-mandated local program.
    (2) The California Constitution requires the state to reimburse local
    agencies and school districts for certain costs mandated by the state. Statutory
    provisions establish procedures for making that reimbursement.
    This bill would provide that no reimbursement is required by this act for
    a specified reason.
    The people of the State of California do enact as follows:
    SECTION 1. Section 500 is added to the Vehicle Code, to read:
    500. “Recreational off-highway vehicle” means a motor vehicle meeting
    all of the following criteria:

    (a) Designed by the manufacturer for operation primarily off of the
    highway.
    (b) Has a steering wheel for steering control.
    (c) Has nonstraddle seating provided by the manufacturer for the operator
    and all passengers.
    (d) (1) Has a maximum speed capability of greater than 30 miles per
    hour.
    (2) A vehicle designed by the manufacturer with a maximum speed
    capability of 30 miles per hour or less but is modified so that it has a
    maximum speed capability of greater than 30 miles per hour satisfies the
    criteria set forth in this subdivision.
    (e) Has an engine displacement equal to or less than 1,000cc (61 ci).
    94

    SEC. 2. Section 38012 of the Vehicle Code is amended to read:
    38012. (a) As used in this division, “off-highway motor vehicle subject
    to identification” means a motor vehicle subject to subdivision (a) of Section
    38010.
    (b) As used in this division, “off-highway motor vehicle” includes, but
    is not limited to, the following:

    (1) A motorcycle or motor-driven cycle, except for any motorcycle that
    is eligible for a special transportation identification device issued pursuant
    to Section 38088.
    (2) A snowmobile or other vehicle designed to travel over snow or ice,
    as defined in Section 557.
    (3) A motor vehicle commonly referred to as a sand buggy, dune buggy,
    or all-terrain vehicle.
    (4) A motor vehicle commonly referred to as a jeep.
    (5) A recreational off-highway vehicle as defined in Section 500.
    SEC. 3. Chapter 8 (commencing with Section 38600) is added to Division
    16.5 of the Vehicle Code, to read:
    Chapter 8. Recreational Off-Highway Vehicles
    38600. A person operating a recreational off-highway vehicle shall be
    at least 16 years of age, or be directly supervised in the vehicle by a parent
    or guardian or by an adult authorized by the parent or guardian.
    38601. A person shall not operate, or allow a passenger in, a recreational
    off-highway vehicle unless the person and the passenger are wearing safety
    helmets meeting the requirements established for motorcycles and motorized
    bicycles pursuant to Section 27802.

    38602. A person operating, and any passenger in, a recreational
    off-highway vehicle shall wear a seatbelt and shoulder belt or safety harness
    that is properly fastened when the vehicle is in motion.
    38603. A person operating a recreational off-highway vehicle shall not
    allow a passenger to occupy a separate seat location not designed and
    provided by the manufacturer for a passenger.
    38604. A person operating a recreational off-highway vehicle shall not
    ride with a passenger, unless the passenger, while seated upright with his
    or her back against the seatback with both feet flat on the floorboard, can
    grasp the occupant handhold with the seatbelt and shoulder belt or safety
    harness properly fastened.
    SEC. 4. No reimbursement is required by this act pursuant to Section 6
    of Article XIII B of the California Constitution because the only costs that
    may be incurred by a local agency or school district will be incurred because
    this act creates a new crime or infraction, eliminates a crime or infraction,
    or changes the penalty for a crime or infraction, within the meaning of
    Section 17556 of the Government Code, or changes the definition of a crime
    94
    Ch. 165 — 2 —
    within the meaning of Section 6 of Article XIII B of the California
    Constitution.
    O
    94

  • #2
    This sounds like more well-intended, clueless politicians trying to save us from their ignorance. The way it's written, we'll all have to wear helmets on the road. Sounds more like the author and any supporters need protective headgear. Who do I contact to get rid of this?
    Last edited by 6spdYJ; 07-30-12, 07:43 PM.
    God forgives, rocks don't
    -sons of thunder

    Comment


    • #3
      Helmets are required for recreational off-highway motor vehicles as defined in Section 500. Jeeps do not meet the criteria since they are manufactured primarily for on-highway use, and they have engines over 1000cc. What do match these criteria are the side-by-sides.

      Not saying they wouldn't do it to us Jeep folks, they just didn't do it this time.

      http://www.myjeeprocks.com/forums/sh...ep-Helmet-Law-..!
      holes = cowbell

      Comment


      • #4
        Thanks David.
        God forgives, rocks don't
        -sons of thunder

        Comment


        • #5
          Congratulations and thanks for making me the subject of your 666th post, Ted. :devil:
          holes = cowbell

          Comment


          • #6
            The helmet law was authored by none other than Paul Cook. The idiot running against Greg Imus. So If you live in San Bernardino County, parts of LA County and Inyo County. Please don't vote for this RINO. We need Greg Imus In Congress not this clown.
            SBCO Fire Dept. CERT volunteer
            MJR moderator
            MJR Adopt-a-Trail Crew member
            Jeep Patrol Leader
            Reforestation Supervisor
            Licensed Ham - n6ujm
            Eagle Scout

            Comment


            • #7
              http://cal4wheel.com/latest-news/311...ed-by-governor

              Originally posted by Paul Cook
              I am thrilled to report that today Governor Jerry Brown signed AB 1266 into law. I want to thank you all for your advice and support in getting this passed. I could not have done it without you.

              AB 1266 removes the language requiring passengers to be able to sit "with both feet flat on the floorboard" while restrained. This will ensure that children can continue to ride, allowing families to continue enjoying off-roading together.

              This bill also delays the implementation of the provision prohibiting the use of post-manufactured seats until July 1, 2013. This will give legislators time to work on a solution that would allow operators who have safely modified their vehicles to continue riding.

              Now that AB 1266 has been signed into law, my office will work on securing an author for a bill to resolve your remaining concerns. I will update you in the coming weeks on the progress of draft legislation as well as information about which legislators will be carrying the legislation next year.

              Thank you again for all of your input and support over the past two months.

              Sincerely,

              Assemblyman Paul Cook
              65th Assembly District
              Over 2500 hours donated to the San Bernardino National Forest. Life member of CA4WD, CORVA & BRC. Tread Lightly Trainer. Reforestation Supervisor. CASSP

              Comment

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